Byrd v. . Byrd
Supreme Court of North Carolina
This was a oivil ACTION, brought by the plaintiif against the defendant, to recover judgment for $268.00, being an action simply to ascertain the debt, and heard by Tirnber-laTce, Judge, at Spring Term, 1895, of YaNOicy Court, on a motion made by J. C. Byrd and A. J. Burton, the husbands of two of the heirs-at-law of the defendant’s intestate, C. H. Byrd, to make the heirs-at-law of said intestate parties defendant in said action and allow them to defend the same.
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This was a oivil ACTION, brought by the plaintiif against the defendant, to recover judgment for $268.00, being an action simply to ascertain the debt, and heard by Tirnber-laTce, Judge, at Spring Term, 1895, of YaNOicy Court, on a motion made by J. C. Byrd and A. J. Burton, the husbands of two of the heirs-at-law of the defendant’s intestate, C. H. Byrd, to make the heirs-at-law of said intestate parties defendant in said action and allow them to defend the same. The motion was- resisted by both plaintiffs and defendant for tbe reason tbat the said heirs-at-law were in no way necessary…
1Opinion of the Court
Furches, J.:
This is an action for the recovery of money alleged to be due by account. The defendant, C. Ii.Byrd, is the administrator of Charles Byrd, and the appellants are two of the heirs and next of kin to said Charles. At the trial term they filed an affidavit in which they alleged that the claim sued on is barred by the statute of limitations; that defendant had not pleaded this defence and alleged fraud and collusion between plaintiff and defendant and asked to be allowed to make themselves parties defendant and that they be allowed to file an answer and defend the action.
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2Cases cited5 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Colgrove v. . KoonceSupreme Court of North Carolina · 1877
- Lytle v. . BurginSupreme Court of North Carolina · 1880
- Wade v. SaundersSupreme Court of North Carolina · 1874
- Jones v. City of AshevilleSupreme Court of North Carolina · 1895
3Cited by8 opinions
- Best v. . BestSupreme Court of North Carolina · 1913
- King v. . RuddSupreme Court of North Carolina · 1946
- Barnes v. . FortSupreme Court of North Carolina · 1915
- Stewart v. WallCourt of Appeals for the Fourth Circuit · 1937
- Horne v. . HorneSupreme Court of North Carolina · 1933
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